Supreme Court decision on West Virginia’s transgender athlete case expected next summer

CHARLESTON, W.Va. (WBOY) — West Virginia Attorney General JB McCuskey has filed the opening brief in the case of West Virginia v. B.P.J. to the U.S. Supreme Court, marking the beginning of a hearing that will determine the fate of transgender athletes across the country.

The case, which the SCOTUS agreed to hear in its upcoming term,

questions the constitutionality of West Virginia’s Save Women’s Sports Act, which requires student athletes to compete based on the biological sex they were assigned at birth, regardless of their gender identity.

According to McCuskey, the SCOTUS is expected to hear oral arguments after the beginning of the year, and a decision is expected in the summer of 2026.

“This is a monumental day not only in West Virginia, but across the country,” Attorney General McCuskey said in a press release. He continued, “We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: It protects women and girls by ensuring the playing field is safe and fair.”

The case has been ongoing since 2021 and involves B.P.J., a Bridgeport High School track athlete who has been competing on the girls team under an injunction until the case is settled. The Supreme Court decided to take the case after a ruling in the Fourth Circuit Court of Appeals that West Virginia’s law was unconstitutional was appealed.